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DALE HENDERSON LOGGING v. DEPT. OF TRANSP.

Docket: Was-11-523; Han-11-598

48 A.3d 233 (2012)

2012 ME 99

DALE HENDERSON LOGGING, INC. v. DEPARTMENT OF TRANSPORTATION. Oak Leaf Realty, Inc., et al. v. Department of Transportation.

Supreme Judicial Court of Maine.

Decided: July 19, 2012.

Attorney(s) appearing for the Case

Timothy A. Pease, Esq. (orally), Rudman & Winchell, LLC, Bangor, for appellants Dale Henderson Logging, Inc., and Oak Leaf Realty, Inc.

Rebecca H. Farnum, Esq. and Jason P. Donovan, Esq. (orally), Thompson & Bowie, LLP, Portland, for appellee Department of Transportation.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, MEAD, GORMAN, and JABAR, JJ.

MEAD, J.

[¶ 1] In these consolidated cases, Dale Henderson is the principal owner of Dale Henderson Logging, Inc. (DHL), and Oak Leaf Realty, Inc. (OLR). DHL owns property in Washington County, and OLR owns several thousand acres in Hancock County. The DHL and OLR properties have a four-rod-wide rail corridor running over them that was once owned by the Maine Central Railroad Company and later conveyed to the State of Maine, which the Department of Transportation...

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